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BARTFIELD v. RMTS ASSOCIATES, LLC

11 A.D.3d 386 (2004)

783 N.Y.S.2d 560

JOSEPH BARTFIELD, Respondent, v. RMTS ASSOCIATES, LLC, Appellant. (Action No. 1.) JAMES MURPHY, Respondent, v. THOMAS AXON, Appellant. RMTS ASSOCIATES, LLC, Additional Counterclaim Plaintiff-Appellant, v. JOSEPH BARTFIELD et al., Additional Counterclaim Defendants-Respondents, et al., Defendant. (Action No. 2.) RMTS ASSOCIATES, LLC, Appellant, v. JAMES B. MURPHY et al., Respondents, et al., Defendant. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 2004.

Following the close of evidence, the trial court properly dismissed the causes of action and counterclaims alleging breaches of fiduciary duty on the part of Bartfield and James Murphy while they were still members of RMTS. The discussions between Murphy and Bartfield to create a company that would compete with RMTS, and the subsequent steps that were taken to form the competing company, did not constitute breaches of their fiduciary duty (see Graubard Mollen Dannett ...

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